Public Act 097-0766
 
SB3722 EnrolledLRB097 17968 PJG 63191 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-3,
9-7, 9-8.5, 9-8.6, 9-10, 9-15, 9-28.5, 16-6, 18A-5, 18A-15,
19-2.1, 19-3, 19A-15, and 24C-12 and by adding Section 1-11 as
follows:
 
    (10 ILCS 5/1-11 new)
    Sec. 1-11. Public university voting. For the 2012 general
election, each appropriate election authority shall, in
addition to the early voting conducted at locations otherwise
required by law, conduct early voting in a high traffic
location on the campus of a public university within the
election authority's jurisdiction. For the purposes of this
Section, "public university" means the University of Illinois
at its campuses in Urbana-Champaign and Springfield, Southern
Illinois University at its campuses in Carbondale and
Edwardsville, Eastern Illinois University, Illinois State
University, Northern Illinois University, and Western Illinois
University at its campuses in Macomb and Moline. The voting
required by this Section to be conducted on campus must be
conducted as otherwise required by Article 19A of this Code. If
an election authority has voting equipment that can accommodate
a ballot in every form required in the election authority's
jurisdiction, then the election authority shall extend early
voting under this Section to any registered voter in the
election authority's jurisdiction. However, if the election
authority does not have voting equipment that can accommodate a
ballot in every form required in the election authority's
jurisdiction, then the election authority may limit early
voting under this Section to registered voters in precincts
where the public university is located and precincts bordering
the university. Each public university shall make the space
available in a high traffic area for, and cooperate and
coordinate with the appropriate election authority in, the
implementation of this Section. This Section is repealed on May
31, 2013.
 
    (10 ILCS 5/4-50)
    Sec. 4-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd 7th
day before the primary or election. During this grace period,
an unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
    If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. Grace period voting shall
be in a manner substantially similar to voting under Article
19.
    Within one day after a voter casts a grace period ballot,
the election authority shall transmit the voter's name, street
address, and precinct, ward, township, and district numbers, as
the case may be, to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The name of each person
issued a grace period ballot shall also be placed on the
appropriate precinct list of persons to whom absentee and early
ballots have been issued, for use as provided in Sections 17-9
and 18-5.
    A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10.)
 
    (10 ILCS 5/5-50)
    Sec. 5-50. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd 7th
day before the primary or election. During this grace period,
an unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
     If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. Grace period voting shall
be in a manner substantially similar to voting under Article
19.
    Within one day after a voter casts a grace period ballot,
the election authority shall transmit the voter's name, street
address, and precinct, ward, township, and district numbers, as
the case may be, to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The name of each person
issued a grace period ballot shall also be placed on the
appropriate precinct list of persons to whom absentee and early
ballots have been issued, for use as provided in Sections 17-9
and 18-5.
    A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10.)
 
    (10 ILCS 5/6-100)
    Sec. 6-100. Grace period. Notwithstanding any other
provision of this Code to the contrary, each election authority
shall establish procedures for the registration of voters and
for change of address during the period from the close of
registration for a primary or election and until the 3rd 7th
day before the primary or election. During this grace period,
an unregistered qualified elector may register to vote, and a
registered voter may submit a change of address form, in person
in the office of the election authority or at a voter
registration location specifically designated for this purpose
by the election authority. The election authority shall
register that individual, or change a registered voter's
address, in the same manner as otherwise provided by this
Article for registration and change of address.
    If a voter who registers or changes address during this
grace period wishes to vote at the first election or primary
occurring after the grace period, he or she must do so by grace
period voting, either in person in the office of the election
authority or at a location specifically designated for this
purpose by the election authority, or by mail, at the
discretion of the election authority. Grace period voting shall
be in a manner substantially similar to voting under Article
19.
    Within one day after a voter casts a grace period ballot,
the election authority shall transmit the voter's name, street
address, and precinct, ward, township, and district numbers, as
the case may be, to the State Board of Elections, which shall
maintain those names and that information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. The name of each person
issued a grace period ballot shall also be placed on the
appropriate precinct list of persons to whom absentee and early
ballots have been issued, for use as provided in Sections 17-9
and 18-5.
    A person who casts a grace period ballot shall not be
permitted to revoke that ballot and vote another ballot with
respect to that primary or election. Ballots cast by persons
who register or change address during the grace period must be
transmitted to and counted at the election authority's central
ballot counting location and shall not be transmitted to and
counted at precinct polling places. The grace period ballots
determined to be valid shall be added to the vote totals for
the precincts for which they were cast in the order in which
the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10.)
 
    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
    Sec. 9-1.8. Political committees.
    (a) "Political committee" includes a candidate political
committee, a political party committee, a political action
committee, and a ballot initiative committee, and an
independent expenditure committee.
    (b) "Candidate political committee" means the candidate
himself or herself or any natural person, trust, partnership,
corporation, or other organization or group of persons
designated by the candidate that accepts contributions or makes
expenditures during any 12-month period in an aggregate amount
exceeding $3,000 on behalf of the candidate.
    (c) "Political party committee" means the State central
committee of a political party, a county central committee of a
political party, a legislative caucus committee, or a committee
formed by a ward or township committeeman of a political party.
For purposes of this Article, a "legislative caucus committee"
means a committee established for the purpose of electing
candidates to the General Assembly by the person elected
President of the Senate, Minority Leader of the Senate, Speaker
of the House of Representatives, Minority Leader of the House
of Representatives, or a committee established by 5 or more
members of the same caucus of the Senate or 10 or more members
of the same caucus of the House of Representatives.
    (d) "Political action committee" means any natural person,
trust, partnership, committee, association, corporation, or
other organization or group of persons, other than a candidate,
political party, candidate political committee, or political
party committee, that accepts contributions or makes
expenditures during any 12-month period in an aggregate amount
exceeding $3,000 on behalf of or in opposition to a candidate
or candidates for public office. "Political action committee"
includes any natural person, trust, partnership, committee,
association, corporation, or other organization or group of
persons, other than a candidate, political party, candidate
political committee, or political party committee, that makes
electioneering communications during any 12-month period in an
aggregate amount exceeding $3,000 related to any candidate or
candidates for public office.
    (e) "Ballot initiative committee" means any natural
person, trust, partnership, committee, association,
corporation, or other organization or group of persons that
accepts contributions or makes expenditures during any
12-month period in an aggregate amount exceeding $3,000 in
support of or in opposition to any question of public policy to
be submitted to the electors. "Ballot initiative committee"
includes any natural person, trust, partnership, committee,
association, corporation, or other organization or group of
persons that makes electioneering communications during any
12-month period in an aggregate amount exceeding $3,000 related
to any question of public policy to be submitted to the voters.
The $3,000 threshold applies to any contributions or
expenditures received or made with the purpose of securing a
place on the ballot for, advocating the defeat or passage of,
or engaging in electioneering communication regarding the
question of public policy, regardless of the method of
initiation of the question of public policy and regardless of
whether petitions have been circulated or filed with the
appropriate office or whether the question has been adopted and
certified by the governing body.
    (f) "Independent expenditure committee" means any trust,
partnership, committee, association, corporation, or other
organization or group of persons formed for the exclusive
purpose of making independent expenditures during any 12-month
period in an aggregate amount exceeding $3,000 in support of or
in opposition to (i) the nomination for election, election,
retention, or defeat of any public official or candidate or
(ii) any question of public policy to be submitted to the
electors. "Independent expenditure committee" also includes
any trust, partnership, committee, association, corporation,
or other organization or group of persons that makes
electioneering communications that are not made in connection,
consultation, or concert with or at the request or suggestion
of a public official or candidate, a public official's or
candidate's designated political committee or campaign, or an
agent or agents of the public official, candidate, or political
committee or campaign during any 12-month period in an
aggregate amount exceeding $3,000 related to (i) the nomination
for election, election, retention, or defeat of any public
official or candidate or (ii) any question of public policy to
be submitted to the voters.
(Source: P.A. 95-963, eff. 1-1-09; 96-832, eff. 1-1-11.)
 
    (10 ILCS 5/9-1.9)   (from Ch. 46, par. 9-1.9)
    Sec. 9-1.9. Election cycle. "Election cycle" means any of
the following:
    (1) For a candidate political committee organized to
support a candidate to be elected at a general primary election
or general election, (i) the period beginning January 1
following the general election for the office to which a
candidate seeks nomination or election and ending on the day of
the general primary election for that office or (ii) the period
beginning the day after a general primary election for the
office to which the candidate seeks nomination or election and
through December 31 following the general election.
    (2) Notwithstanding paragraph (1), for a candidate
political committee organized to support a candidate for the
General Assembly, (i) the period beginning January 1 following
a general election and ending on the day of the next general
primary election or (ii) the period beginning the day after the
general primary election and ending on December 31 following a
general election.
    (3) For a candidate political committee organized to
support a candidate for a retention election, (i) the period
beginning January 1 following the general election at which the
candidate was elected through the day the candidate files a
declaration of intent to seek retention or (ii) the period
beginning the day after the candidate files a declaration of
intent to seek retention through December 31 following the
retention election.
    (4) For a candidate political committee organized to
support a candidate to be elected at a consolidated primary
election or consolidated election, (i) the period beginning
July 1 following a consolidated election and ending on the day
of the consolidated primary election or (ii) the period
beginning the day after the consolidated primary election and
ending on June 30 following a consolidated election.
    (5) For a political party committee, political action
committee, or ballot initiative committee, or independent
expenditure committee, the period beginning on January 1 and
ending on December 31 of each calendar year.
(Source: P.A. 96-832, eff. 1-1-11.)
 
    (10 ILCS 5/9-1.15)
    Sec. 9-1.15. Independent expenditure. "Independent
expenditure" means any payment, gift, donation, or expenditure
of funds (i) by a natural person or political committee for the
purpose of making electioneering communications or of
expressly advocating for or against the nomination for
election, election, retention, or defeat of a clearly
identifiable public official or candidate or for or against any
question of public policy to be submitted to the voters and
(ii) that is not made in connection, consultation, or concert
with or at the request or suggestion of the public official or
candidate, the public official's or candidate's designated
political committee or campaign, or the agent or agents of the
public official, candidate, or political committee or
campaign.
(Source: P.A. 96-832, eff. 7-1-10.)
 
    (10 ILCS 5/9-2)  (from Ch. 46, par. 9-2)
    Sec. 9-2. Political committee designations.
    (a) Every political committee shall be designated as a (i)
candidate political committee, (ii) political party committee,
(iii) political action committee, or (iv) ballot initiative
committee, or (v) independent expenditure committee.
    (b) Beginning January 1, 2011, no public official or
candidate for public office may maintain or establish more than
one candidate political committee for each office that public
official or candidate holds or is seeking. The name of each
candidate political committee shall identify the name of the
public official or candidate supported by the candidate
political committee. If a candidate establishes separate
candidate political committees for each public office, the name
of each candidate political committee shall also include the
public office to which the candidate seeks nomination for
election, election, or retention. If a candidate establishes
one candidate political committee for multiple offices elected
at different elections, then the candidate shall designate an
election cycle, as defined in Section 9-1.9, for purposes of
contribution limitations and reporting requirements set forth
in this Article. No political committee, other than a candidate
political committee, may include the name of a candidate in its
name.
    (c) Beginning January 1, 2011, no State central committee
of a political party, county central committee of a political
party, committee formed by a ward or township committeeman, or
committee established for the purpose of electing candidates to
the General Assembly may maintain or establish more than one
political party committee. The name of the committee must
include the name of the political party.
    (d) Beginning January 1, 2011, no natural person, trust,
partnership, committee, association, corporation, or other
organization or group of persons forming a political action
committee shall maintain or establish more than one political
action committee. The name of a political action committee must
include the name of the entity forming the committee. This
subsection does not apply to independent expenditure
committees.
    (e) Beginning January 1, 2011, the name of a ballot
initiative committee must include words describing the
question of public policy and whether the group supports or
opposes the question.
    (f) Every political committee shall designate a chairman
and a treasurer. The same person may serve as both chairman and
treasurer of any political committee. A candidate who
administers his own campaign contributions and expenditures
shall be deemed a political committee for purposes of this
Article and shall designate himself as chairman, treasurer, or
both chairman and treasurer of such political committee. The
treasurer of a political committee shall be responsible for
keeping the records and filing the statements and reports
required by this Article.
    (g) No contribution and no expenditure shall be accepted or
made by or on behalf of a political committee at a time when
there is a vacancy in the office of chairman or treasurer
thereof. No expenditure shall be made for or on behalf of a
political committee without the authorization of its chairman
or treasurer, or their designated agents.
    (h) For purposes of implementing the changes made by this
amendatory Act of the 96th General Assembly, every political
committee in existence on the effective date of this amendatory
Act of the 96th General Assembly shall make the designation
required by this Section by December 31, 2010.
(Source: P.A. 96-832, eff. 7-1-10.)
 
    (10 ILCS 5/9-3)  (from Ch. 46, par. 9-3)
    Sec. 9-3. Political committee statement of organization.
    (a) Every political committee shall file with the State
Board of Elections a statement of organization within 10
business days of the creation of such committee, except any
political committee created within the 30 days before an
election shall file a statement of organization within 2
business days in person, by facsimile transmission, or by
electronic mail. Any change in information previously
submitted in a statement of organization shall be reported, as
required for the original statement of organization by this
Section, within 10 days following that change. A political
committee that acts as both a state political committee and a
local political committee shall file a copy of each statement
of organization with the State Board of Elections and the
county clerk. The Board shall impose a civil penalty of $50 per
business day upon political committees for failing to file or
late filing of a statement of organization. Such penalties
shall not exceed $5,000, and shall not exceed $10,000 for
statewide office political committees. There shall be no fine
if the statement is mailed and postmarked at least 72 hours
prior to the filing deadline.
    In addition to the civil penalties authorized by this
Section, the State Board of Elections or any other political
committee may apply to the circuit court for a temporary
restraining order or a preliminary or permanent injunction
against the political committee to cease the expenditure of
funds and to cease operations until the statement of
organization is filed.
    For the purpose of this Section, "statewide office" means
the Governor, Lieutenant Governor, Secretary of State,
Attorney General, State Treasurer, and State Comptroller.
    (b) The statement of organization shall include:
        (1) the name and address of the political committee and
    the designation required by Section 9-2;
        (2) the scope, area of activity, party affiliation, and
    purposes of the political committee;
        (3) the name, address, and position of each custodian
    of the committee's books and accounts;
        (4) the name, address, and position of the committee's
    principal officers, including the chairman, treasurer, and
    officers and members of its finance committee, if any;
        (5) the name and address of any sponsoring entity;
        (6) a statement of what specific disposition of
    residual fund will be made in the event of the dissolution
    or termination of the committee;
        (7) a listing of all banks or other financial
    institutions, safety deposit boxes, and any other
    repositories or custodians of funds used by the committee;
    and
        (8) the amount of funds available for campaign
    expenditures as of the filing date of the committee's
    statement of organization.
    For purposes of this Section, a "sponsoring entity" is (i)
any person, organization, corporation, or association that
contributes at least 33% of the total funding of the political
committee or (ii) any person or other entity that is registered
or is required to register under the Lobbyist Registration Act
and contributes at least 33% of the total funding of the
political committee.
    (c) Each statement of organization required to be filed in
accordance with this Section shall be verified, dated, and
signed by either the treasurer of the political committee
making the statement or the candidate on whose behalf the
statement is made and shall contain substantially the following
verification:
"VERIFICATION:
    I declare that this statement of organization (including
any accompanying schedules and statements) has been examined by
me and, to the best of my knowledge and belief, is a true,
correct, and complete statement of organization as required by
Article 9 of the Election Code. I understand that willfully
filing a false or incomplete statement is subject to a civil
penalty of at least $1,001 and up to $5,000.
................  ..........................................
(date of filing) (signature of person making the statement)". 
    (d) The statement of organization for a ballot initiative
committee also shall include a verification signed by the
chairperson of the committee that (i) the committee is formed
for the purpose of supporting or opposing a question of public
policy, (ii) all contributions and expenditures of the
committee will be used for the purpose described in the
statement of organization, (iii) the committee may accept
unlimited contributions from any source, provided that the
ballot initiative committee does not make contributions or
expenditures in support of or opposition to a candidate or
candidates for nomination for election, election, or
retention, and (iv) failure to abide by these requirements
shall deem the committee in violation of this Article.
    (d-5) The statement of organization for an independent
expenditure committee also shall include a verification signed
by the chairperson of the committee that (i) the committee is
formed for the exclusive purpose of making independent
expenditures, (ii) all contributions and expenditures of the
committee will be used for the purpose described in the
statement of organization, (iii) the committee may accept
unlimited contributions from any source, provided that the
independent expenditure committee does not make contributions
to any candidate political committee, political party
committee, or political action committee, and (iv) failure to
abide by these requirements shall deem the committee in
violation of this Article.
    (e) For purposes of implementing the changes made by this
amendatory Act of the 96th General Assembly, every political
committee in existence on the effective date of this amendatory
Act of the 96th General Assembly shall file the statement
required by this Section with the Board by December 31, 2010.
(Source: P.A. 96-832, eff. 7-1-10.)
 
    (10 ILCS 5/9-7)  (from Ch. 46, par. 9-7)
    Sec. 9-7. Records and accounts.
    (1) Except as provided in subsection (2), the The treasurer
of a political committee shall keep a detailed and exact
account of-
        (a) the total of all contributions made to or for the
    committee;
        (b) the full name and mailing address of every person
    making a contribution and the date and amount thereof;
        (c) the total of all expenditures made by or on behalf
    of the committee;
        (d) the full name and mailing address of every person
    to whom any expenditure is made, and the date and amount
    thereof;
        (e) proof of payment, stating the particulars, for
    every expenditure made by or on behalf of the committee.
    The treasurer shall preserve all records and accounts
required by this section for a period of 2 years.
    (2) The treasurer of a political committee shall keep a
detailed and exact account of the total amount of contributions
made to or for a committee at an event licensed under Section
8.1 of the Raffles Act. For an event licensed under Section
8.1, the treasurer is not required to keep a detailed and exact
account of the full name and mailing address of a person who
purchases tickets at the event in an amount that does not
exceed $150.
(Source: P.A. 96-832, eff. 1-1-11.)
 
    (10 ILCS 5/9-8.5)
    Sec. 9-8.5. Limitations on campaign contributions.
    (a) It is unlawful for a political committee to accept
contributions except as provided in this Section.
    (b) During an election cycle, a candidate political
committee may not accept contributions with an aggregate value
over the following: (i) $5,000 from any individual, (ii)
$10,000 from any corporation, labor organization, or
association, or (iii) $50,000 from a candidate political
committee or political action committee. A candidate political
committee may accept contributions in any amount from a
political party committee except during an election cycle in
which the candidate seeks nomination at a primary election.
During an election cycle in which the candidate seeks
nomination at a primary election, a candidate political
committee may not accept contributions from political party
committees with an aggregate value over the following: (i)
$200,000 for a candidate political committee established to
support a candidate seeking nomination to statewide office,
(ii) $125,000 for a candidate political committee established
to support a candidate seeking nomination to the Senate, the
Supreme Court or Appellate Court in the First Judicial
District, or an office elected by all voters in a county with
1,000,000 or more residents, (iii) $75,000 for a candidate
political committee established to support a candidate seeking
nomination to the House of Representatives, the Supreme Court
or Appellate Court for a Judicial District other than the First
Judicial District, an office elected by all voters of a county
of fewer than 1,000,000 residents, and municipal and county
offices in Cook County other than those elected by all voters
of Cook County, and (iv) $50,000 for a candidate political
committee established to support the nomination of a candidate
to any other office. A candidate political committee
established to elect a candidate to the General Assembly may
accept contributions from only one legislative caucus
committee. A candidate political committee may not accept
contributions from a ballot initiative committee or from an
independent expenditure committee.
    (c) During an election cycle, a political party committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, or association, or (iii)
$50,000 from a political action committee. A political party
committee may accept contributions in any amount from another
political party committee or a candidate political committee,
except as provided in subsection (c-5). Nothing in this Section
shall limit the amounts that may be transferred between a State
political party committee established under subsection (a) of
Section 7-8 of this Code and an affiliated federal political
committee established under the Federal Election Code by the
same political party. A political party committee may not
accept contributions from a ballot initiative committee or from
an independent expenditure committee. A political party
committee established by a legislative caucus may not accept
contributions from another political party committee
established by a legislative caucus.
    (c-5) During the period beginning on the date candidates
may begin circulating petitions for a primary election and
ending on the day of the primary election, a political party
committee may not accept contributions with an aggregate value
over $50,000 from a candidate political committee or political
party committee. A political party committee may accept
contributions in any amount from a candidate political
committee or political party committee if the political party
committee receiving the contribution filed a statement of
nonparticipation in the primary as provided in subsection
(c-10). The Task Force on Campaign Finance Reform shall study
and make recommendations on the provisions of this subsection
to the Governor and General Assembly by September 30, 2012.
This subsection becomes inoperative on July 1, 2013 and
thereafter no longer applies.
    (c-10) A political party committee that does not intend to
make contributions to candidates to be nominated at a general
primary election or consolidated primary election may file a
Statement of Nonparticipation in a Primary Election with the
Board. The Statement of Nonparticipation shall include a
verification signed by the chairperson and treasurer of the
committee that (i) the committee will not make contributions or
coordinated expenditures in support of or opposition to a
candidate or candidates to be nominated at the general primary
election or consolidated primary election (select one) to be
held on (insert date), (ii) the political party committee may
accept unlimited contributions from candidate political
committees and political party committees, provided that the
political party committee does not make contributions to a
candidate or candidates to be nominated at the primary
election, and (iii) failure to abide by these requirements
shall deem the political party committee in violation of this
Article and subject the committee to a fine of no more than
150% of the total contributions or coordinated expenditures
made by the committee in violation of this Article. This
subsection becomes inoperative on July 1, 2013 and thereafter
no longer applies.
    (d) During an election cycle, a political action committee
may not accept contributions with an aggregate value over the
following: (i) $10,000 from any individual, (ii) $20,000 from
any corporation, labor organization, political party
committee, or association, or (iii) $50,000 from a political
action committee or candidate political committee. A political
action committee may not accept contributions from a ballot
initiative committee or from an independent expenditure
committee.
    (e) A ballot initiative committee may accept contributions
in any amount from any source, provided that the committee
files the document required by Section 9-3 of this Article and
files the disclosure reports required by the provisions of this
Article.
    (e-5) An independent expenditure committee may accept
contributions in any amount from any source, provided that the
committee files the document required by Section 9-3 of this
Article and files the disclosure reports required by the
provisions of this Article.
    (f) Nothing in this Section shall prohibit a political
committee from dividing the proceeds of joint fundraising
efforts; provided that no political committee may receive more
than the limit from any one contributor, and provided that an
independent expenditure committee may not conduct joint
fundraising efforts with a candidate political committee or a
political party committee.
    (g) On January 1 of each odd-numbered year, the State Board
of Elections shall adjust the amounts of the contribution
limitations established in this Section for inflation as
determined by the Consumer Price Index for All Urban Consumers
as issued by the United States Department of Labor and rounded
to the nearest $100. The State Board shall publish this
information on its official website.
    (h) Self-funding candidates. If a public official, a
candidate, or the public official's or candidate's immediate
family contributes or loans to the public official's or
candidate's political committee or to other political
committees that transfer funds to the public official's or
candidate's political committee or makes independent
expenditures for the benefit of the public official's or
candidate's campaign during the 12 months prior to an election
in an aggregate amount of more than (i) $250,000 for statewide
office or (ii) $100,000 for all other elective offices, then
the public official or candidate shall file with the State
Board of Elections, within one day, a Notification of
Self-funding that shall detail each contribution or loan made
by the public official, the candidate, or the public official's
or candidate's immediate family. Within 2 business days after
the filing of a Notification of Self-funding, the notification
shall be posted on the Board's website and the Board shall give
official notice of the filing to each candidate for the same
office as the public official or candidate making the filing,
including the public official or candidate filing the
Notification of Self-funding. Upon receiving notice from the
Board, all candidates for that office, including the public
official or candidate who filed a Notification of Self-funding,
shall be permitted to accept contributions in excess of any
contribution limits imposed by subsection (b). For the purposes
of this subsection, "immediate family" means the spouse,
parent, or child of a public official or candidate.
    (h-5) If a natural person or independent expenditure
committee makes independent expenditures in support of or in
opposition to the campaign of a particular public official or
candidate in an aggregate amount of more than (i) $250,000 for
statewide office or (ii) $100,000 for all other elective
offices in an election cycle, as reported in a written
disclosure filed under subsection (a) of Section 9-8.6 or
subsection (e-5) of Section 9-10, then the State Board of
Elections shall, within 2 business days after the filing of the
disclosure, post the disclosure on the Board's website and give
official notice of the disclosure to each candidate for the
same office as the public official or candidate for whose
benefit the natural person or independent expenditure
committee made independent expenditures. Upon receiving notice
from the Board, all candidates for that office in that
election, including the public official or candidate for whose
benefit the natural person or independent expenditure
committee made independent expenditures, shall be permitted to
accept contributions in excess of any contribution limits
imposed by subsection (b). The Campaign Finance Task Force
shall submit a report to the Governor and General Assembly no
later than February 1, 2013. The report shall examine and make
recommendations regarding the provisions in this subsection
including, but not limited to, case law concerning independent
expenditures, the manner in which independent expenditures are
handled in the other states and at the federal level,
independent expenditures made in Illinois during the 2012
general primary and, separately, the 2012 general election, and
independent expenditures made at the federal level during the
2012 general election. The Task Force shall conduct at least 2
public hearings regarding independent expenditures.
    (i) For the purposes of this Section, a corporation, labor
organization, association, or a political action committee
established by a corporation, labor organization, or
association may act as a conduit in facilitating the delivery
to a political action committee of contributions made through
dues, levies, or similar assessments and the political action
committee may report the contributions in the aggregate,
provided that: (i) contributions made through the dues, levies,
or similar assessments paid by any natural person, corporation,
labor organization, or association in a calendar year may not
exceed the limits set forth in this Section; and (ii) the
corporation, labor organization, association, or a political
action committee established by a corporation, labor
organization, or association facilitating the delivery of
contributions maintains a list of natural persons,
corporations, labor organizations, and associations that paid
the dues, levies, or similar assessments from which the
contributions comprising the aggregate amount derive; and
(iii) contributions made through dues, levies, or similar
assessments paid by any natural person, corporation, labor
organization, or association that exceed $500 in a quarterly
reporting period shall be itemized on the committee's quarterly
report and may not be reported in the aggregate. A political
action committee facilitating the delivery of contributions or
receiving contributions shall disclose the amount of
contributions made through dues delivered or received and the
name of the corporation, labor organization, association, or
political action committee delivering the contributions, if
applicable. On January 1 of each odd-numbered year, the State
Board of Elections shall adjust the amounts of the contribution
limitations established in this subsection for inflation as
determined by the Consumer Price Index for All Urban Consumers
as issued by the United States Department of Labor and rounded
to the nearest $100. The State Board shall publish this
information on its official website.
    (j) A political committee that receives a contribution or
transfer in violation of this Section shall dispose of the
contribution or transfer by returning the contribution or
transfer, or an amount equal to the contribution or transfer,
to the contributor or transferor or donating the contribution
or transfer, or an amount equal to the contribution or
transfer, to a charity. A contribution or transfer received in
violation of this Section that is not disposed of as provided
in this subsection within 30 15 days after the Board sends
notification to the political committee of the excess
contribution by certified mail its receipt shall escheat to the
General Revenue Fund and the political committee shall be
deemed in violation of this Section and subject to a civil
penalty not to exceed 150% of the total amount of the
contribution.
    (k) For the purposes of this Section, "statewide office"
means the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
    (l) This Section is repealed if and when the United States
Supreme Court invalidates contribution limits on committees
formed to assist candidates, political parties, corporations,
associations, or labor organizations established by or
pursuant to federal law.
(Source: P.A. 96-832, eff. 1-1-11.)
 
    (10 ILCS 5/9-8.6)
    Sec. 9-8.6. Independent expenditures.
    (a) An independent expenditure is not considered a
contribution to a political committee. An expenditure made by a
natural person or political committee for an electioneering
communication in connection, consultation, or concert with or
at the request or suggestion of the public official or
candidate, the public official's or candidate's candidate
political committee, or the agent or agents of the public
official, candidate, or political committee or campaign shall
not be considered an independent expenditure but rather shall
be considered a contribution to the public official's or
candidate's candidate political committee.
    A natural person who makes an independent expenditure
supporting or opposing a public official or candidate that,
alone or in combination with any other independent expenditure
made by that natural person supporting or opposing that public
official or candidate during any 12-month period, equals an
aggregate value of at least $3,000 must file a written
disclosure with the State Board of Elections within 2 business
days after making any expenditure that results in the natural
person meeting or exceeding the $3,000 threshold. A natural
person who has made a written disclosure with the State Board
of Elections shall have a continuing obligation to report
further expenditures in relation to the same election, in
$1,000 increments, to the State Board until the conclusion of
that election. A natural person who makes an independent
expenditure supporting or opposing a public official or
candidate that, alone or in combination with any other
independent expenditure made by that natural person supporting
or opposing that public official or candidate during the
election cycle, equals an aggregate value of more than (i)
$250,000 for statewide office or (ii) $100,000 for all other
elective offices must file a written disclosure with the State
Board of Elections within 2 business days after making any
expenditure that results in the natural person exceeding the
applicable threshold. Each disclosure must identify the
natural person, the public official or candidate supported or
opposed, the date, amount, and nature of each independent
expenditure, and the natural person's occupation and employer.
    (b) Any entity other than a natural person that makes
expenditures of any kind in an aggregate amount exceeding
$3,000 during any 12-month period supporting or opposing a
public official or candidate must organize as a political
committee in accordance with this Article.
    (c) Every political committee that makes independent
expenditures must report all such independent expenditures as
required under Section 9-10 of this Article.
    (d) In the event that a political committee organized as an
independent expenditure committee makes a contribution to any
other political committee other than another independent
expenditure committee or a ballot initiative committee, the
State Board shall assess a fine equal to the amount of any
contribution received in the preceding 2 years by the
independent expenditure committee that exceeded the limits for
a political action committee set forth in subsection (d) of
Section 9-8.5.
(Source: P.A. 96-832, eff. 7-1-10.)
 
    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
    Sec. 9-10. Disclosure of contributions and expenditures.
    (a) The treasurer of every political committee shall file
with the Board reports of campaign contributions and
expenditures as required by this Section on forms to be
prescribed or approved by the Board.
    (b) Every political committee shall file quarterly reports
of campaign contributions, expenditures, and independent
expenditures. The reports shall cover the period January 1
through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31 of each year. A
political committee shall file quarterly reports no later than
the 15th day of the month following each period. Reports of
contributions and expenditures must be filed to cover the
prescribed time periods even though no contributions or
expenditures may have been received or made during the period.
The Board shall assess a civil penalty not to exceed $5,000 for
failure to file a report required by this subsection. The fine,
however, shall not exceed $1,000 for a first violation if the
committee files less than 10 days after the deadline. There
shall be no fine if the report is mailed and postmarked at
least 72 hours prior to the filing deadline. When considering
the amount of the fine to be imposed, the Board shall consider
whether the violation was committed inadvertently,
negligently, knowingly, or intentionally and any past
violations of this Section.
    (c) A political committee shall file a report of any
contribution of $1,000 or more electronically with the Board
within 5 business days after receipt of the contribution,
except that the report shall be filed within 2 business days
after receipt if (i) the contribution is received 30 or fewer
days before the date of an election and (ii) the political
committee supports or opposes a candidate or public question on
the ballot at that election or makes expenditures in excess of
$500 on behalf of or in opposition to a candidate, candidates,
a public question, or public questions on the ballot at that
election. The State Board shall allow filings of reports of
contributions of $1,000 or more by political committees that
are not required to file electronically to be made by facsimile
transmission. The Board shall assess a civil penalty for
failure to file a report required by this subsection. Failure
to report each contribution is a separate violation of this
subsection. The Board shall impose fines for willful or wanton
violations of this subsection (c) not to exceed 150% of the
total amount of the contributions that were untimely reported,
but in no case shall it be less than 10% of the total amount of
the contributions that were untimely reported. When
considering the amount of the fine to be imposed for willful or
wanton violations, the Board shall consider the number of days
the contribution was reported late and past violations of this
Section and Section 9-3. The Board may impose a fine for
negligent or inadvertent violations of this subsection not to
exceed 50% of the total amount of the contributions that were
untimely reported, or the Board may waive the fine. When
considering whether to impose a fine and the amount of the
fine, the Board shall consider the following factors: (1)
whether the political committee made an attempt to disclose the
contribution and any attempts made to correct the violation,
(2) whether the violation is attributed to a clerical or
computer error, (3) the amount of the contribution, (4) whether
the violation arose from a discrepancy between the date the
contribution was reported transferred by a political committee
and the date the contribution was received by a political
committee, (5) the number of days the contribution was reported
late, and (6) past violations of this Section and Section 9-3
by the political committee.
    (d) For the purpose of this Section, a contribution is
considered received on the date (i) a monetary contribution was
deposited in a bank, financial institution, or other repository
of funds for the committee, (ii) the date a committee receives
notice a monetary contribution was deposited by an entity used
to process financial transactions by credit card or other
entity used for processing a monetary contribution that was
deposited in a bank, financial institution, or other repository
of funds for the committee, or (iii) the public official,
candidate, or political committee receives the notification of
contribution of goods or services as required under subsection
(b) of Section 9-6.
    (e) A political committee that makes independent
expenditures of $1,000 or more during the period 30 days or
fewer before an election shall electronically file a report
with the Board within 5 business days after making the
independent expenditure. The report shall contain the
information required in Section 9-11(c) of this Article.
    (e-5) An independent expenditure committee that makes an
independent expenditure supporting or opposing a public
official or candidate that, alone or in combination with any
other independent expenditure made by that independent
expenditure committee supporting or opposing that public
official or candidate during the election cycle, equals an
aggregate value of more than (i) $250,000 for statewide office
or (ii) $100,000 for all other elective offices must file a
written disclosure with the State Board of Elections within 2
business days after making any expenditure that results in the
independent expenditure committee exceeding the applicable
threshold. The Board shall assess a civil penalty against an
independent expenditure committee for failure to file the
disclosure required by this subsection not to exceed (i) $500
for an initial failure to file the required disclosure and (ii)
$1,000 for each subsequent failure to file the required
disclosure.
    (f) A copy of each report or statement filed under this
Article shall be preserved by the person filing it for a period
of two years from the date of filing.
(Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832,
eff. 1-1-11.)
 
    (10 ILCS 5/9-15)  (from Ch. 46, par. 9-15)
    Sec. 9-15. It shall be the duty of the Board-
        (1) to develop prescribed forms for filing statements
    of organization and required reports;
        (2) to prepare, publish, and furnish to the appropriate
    persons a manual of instructions setting forth recommended
    uniform methods of bookkeeping and reporting under this
    Article;
        (3) to prescribe suitable rules and regulations to
    carry out the provisions of this Article. Such rules and
    regulations shall be published and made available to the
    public;
        (4) to send by first class mail, after the general
    primary election in even numbered years, to the chairman of
    each regularly constituted State central committee, county
    central committee and, in counties with a population of
    more than 3,000,000, to the committeemen of each township
    and ward organization of each political party notice of
    their obligations under this Article, along with a form for
    filing the statement of organization;
        (5) to promptly make all reports and statements filed
    under this Article available for public inspection and
    copying no later than 2 business days after their receipt
    and to permit copying of any such report or statement at
    the expense of the person requesting the copy;
        (6) to develop a filing, coding, and cross-indexing
    system consistent with the purposes of this Article;
        (7) to compile and maintain a list of all statements or
    parts of statements pertaining to each candidate;
        (8) to prepare and publish such reports as the Board
    may deem appropriate; and
        (9) to annually notify each political committee that
    has filed a statement of organization with the Board of the
    filing dates for each quarterly report, provided that such
    notification shall be made by first-class mail unless the
    political committee opts to receive notification
    electronically via email; and .
        (10) to promptly send, by first class mail directed
    only to the officers of a political committee, and by
    certified mail to the address of the political committee,
    written notice of any fine or penalty assessed or imposed
    against the political committee under this Article.
(Source: P.A. 96-1263, eff. 1-1-11.)
 
    (10 ILCS 5/9-28.5)
    Sec. 9-28.5. Injunctive relief for electioneering
communications.
    (a) Whenever the Attorney General, or a State's Attorney
with jurisdiction over any portion of the relevant electorate,
believes that any person, as defined in Section 9-1.6, is
making, producing, publishing, republishing, or broadcasting
an electioneering communication paid for by any person, as
defined in Section 9-1.6, who has not first complied with the
registration and disclosure requirements of this Article, he or
she may bring an action in the name of the People of the State
of Illinois or, in the case of a State's Attorney, the People
of the County, against such person or persons to restrain by
preliminary or permanent injunction the making, producing,
publishing, republishing, or broadcasting of such
electioneering communication until the registration and
disclosure requirements have been met.
    (b) Any political committee that believes any person, as
defined in Section 9-1.6, is making, producing, publishing,
republishing, or broadcasting an electioneering communication
paid for by any person, as defined in Section 9-1.6, who has
not first complied with the registration and disclosure
requirements of this Article may bring an action in the circuit
court against such person or persons to restrain by preliminary
or permanent injunction the making, producing, publishing,
republishing, or broadcasting of such electioneering
communication until the registration and disclosure
requirements have been met.
    (c) Whenever the Attorney General, or a State's Attorney
with jurisdiction over any portion of the relevant electorate,
believes that any person, as defined in Section 9-1.6, is
engaging in independent expenditures, as defined in this
Article, who has not first complied with the registration and
disclosure requirements of this Article, he or she may bring an
action in the name of the People of the State of Illinois or,
in the case of a State's Attorney, the People of the County,
against such person or persons to restrain by preliminary or
permanent injunction the making of such expenditures until the
registration and disclosure requirements have been met.
    (d) Any political committee that believes any person, as
defined in Section 9-1.6, is engaging in independent
expenditures, as defined in this Article, who has not first
complied with the registration and disclosure requirements of
this Article may bring an action in the circuit court against
such person or persons to restrain by preliminary or permanent
injunction the making of independent expenditures until the
registration and disclosure requirements have been met.
(Source: P.A. 96-832, eff. 7-1-10.)
 
    (10 ILCS 5/16-6)  (from Ch. 46, par. 16-6)
    Sec. 16-6. Whenever one or more proposals for amendment of
the constitution or the calling of a constitutional convention
or any combination thereof is or are to be voted upon by the
people, the proposition or propositions for the adoption or
rejection of such amendment or amendments or convention shall
be submitted upon a ballot separate from the "Official Ballot"
containing the names of candidates for State and other offices
to be voted at such election. Such separate ballot shall be
printed upon paper of a distinctly blue color and shall, as
near as may be practicable, be of uniform size and blue color,
but any variation in the size of such ballots or in the
tincture of blue employed shall not affect or impair the
validity thereof. Preceding each proposal to amend the
constitution shall be printed the brief explanation of the
amendment, prepared by the General Assembly, or in the case of
a proposed amendment initiated by petition pursuant to Section
3 of Article XIV of the Constitution of the State of Illinois
by the principal proponents of the amendment as approved by the
Attorney General, and immediately below the explanation, the
proposition shall be printed in substantially the following
form:
-------------------------------------------------------------
       YES         For the proposed amendment -
----------     to Article ______ (or Section
       NO       _______ of Article ______) of
                the Constitution.
-------------------------------------------------------------
    In the case of a proposition for the calling of a
constitutional convention, such proposition shall be printed
in substantially the following form:
-------------------------------------------------------------
       YES            For the calling -
----------       of a Constitutional
       NO         Convention.
-------------------------------------------------------------
    On the back or outside of the ballot so as to appear when
folded, shall be printed the words "CONSTITUTION BALLOT",
followed by the designation of the polling place for which the
ballot is prepared, the date of the election and a facsimile of
the signature of the clerk or other officer who has caused the
ballots to be printed. Immediately above the words
"CONSTITUTION BALLOT" in the case of a proposition for the
calling of a constitutional convention or a proposition to
amend the Constitution the following legend shall be printed in
bold face type:
"NOTICE
    THE FAILURE TO VOTE THIS BALLOT MAY BE IS THE EQUIVALENT OF
A NEGATIVE VOTE, BECAUSE A CONVENTION SHALL BE CALLED OR THE
AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER
THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF
THOSE VOTING IN THE ELECTION. (THIS IS NOT TO BE CONSTRUED AS A
DIRECTION THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR
OF OR IN OPPOSITION TO THE PROPOSITION HEREIN CONTAINED.)
    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
    Immediately above the words "CONSTITUTION BALLOT" in the
case of a proposition to amend the Constitution the following
legend shall be printed in bold face type:
"NOTICE
    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
    If a proposition for the calling of a constitutional
convention is submitted at the same election as one or more
propositions to amend the constitution, the proposition for the
calling of a constitutional convention shall be printed at the
top of the ballot. In such case, the back or outside of the
ballot shall be printed the same as if it were a proposal
solely to amend the constitution.
    Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 81-163.)
 
    (10 ILCS 5/18A-5)
    Sec. 18A-5. Provisional voting; general provisions.
    (a) A person who claims to be a registered voter is
entitled to cast a provisional ballot under the following
circumstances:
        (1) The person's name does not appear on the official
    list of eligible voters for the precinct in which the
    person seeks to vote. The official list is the centralized
    statewide voter registration list established and
    maintained in accordance with Section 1A-25;
        (2) The person's voting status has been challenged by
    an election judge, a pollwatcher, or any legal voter and
    that challenge has been sustained by a majority of the
    election judges;
        (3) A federal or State court order extends the time for
    closing the polls beyond the time period established by
    State law and the person votes during the extended time
    period; or
        (4) The voter registered to vote by mail and is
    required by law to present identification when voting
    either in person or by absentee ballot, but fails to do so;
    .
        (5) The voter's name appears on the list of voters who
    voted during the early voting period, but the voter claims
    not to have voted during the early voting period; or
        (6) The voter received an absentee ballot but did not
    return the absentee ballot to the election authority.
    (b) The procedure for obtaining and casting a provisional
ballot at the polling place shall be as follows:
        (1) After first verifying through an examination of the
    precinct register that the person's address is within the
    precinct boundaries, an election judge at the polling place
    shall notify a person who is entitled to cast a provisional
    ballot pursuant to subsection (a) that he or she may cast a
    provisional ballot in that election. An election judge must
    accept any information provided by a person who casts a
    provisional ballot that the person believes supports his or
    her claim that he or she is a duly registered voter and
    qualified to vote in the election. However, if the person's
    residence address is outside the precinct boundaries, the
    election judge shall inform the person of that fact, give
    the person the appropriate telephone number of the election
    authority in order to locate the polling place assigned to
    serve that address, and instruct the person to go to the
    proper polling place to vote.
        (2) The person shall execute a written form provided by
    the election judge that shall state or contain all of the
    following that is available:
        (i) an affidavit stating the following:
            State of Illinois, County of ................,
        Township ............., Precinct ........, Ward
        ........, I, ......................., do solemnly
        swear (or affirm) that: I am a citizen of the United
        States; I am 18 years of age or older; I have resided
        in this State and in this precinct for 30 days
        preceding this election; I have not voted in this
        election; I am a duly registered voter in every
        respect; and I am eligible to vote in this election.
        Signature ...... Printed Name of Voter ....... Printed
        Residence Address of Voter ...... City ...... State
        .... Zip Code ..... Telephone Number ...... Date of
        Birth ....... and Illinois Driver's License Number
        ....... or Last 4 digits of Social Security Number
        ...... or State Identification Card Number issued to
        you by the Illinois Secretary of State........
        (ii) A box for the election judge to check one of the 6
    3 reasons why the person was given a provisional ballot
    under subsection (a) of Section 18A-5.
        (iii) An area for the election judge to affix his or
    her signature and to set forth any facts that support or
    oppose the allegation that the person is not qualified to
    vote in the precinct in which the person is seeking to
    vote.
    The written affidavit form described in this subsection
(b)(2) must be printed on a multi-part form prescribed by the
county clerk or board of election commissioners, as the case
may be.
    (3) After the person executes the portion of the written
affidavit described in subsection (b)(2)(i) of this Section,
the election judge shall complete the portion of the written
affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
    (4) The election judge shall give a copy of the completed
written affidavit to the person. The election judge shall place
the original written affidavit in a self-adhesive clear plastic
packing list envelope that must be attached to a separate
envelope marked as a "provisional ballot envelope". The
election judge shall also place any information provided by the
person who casts a provisional ballot in the clear plastic
packing list envelope. Each county clerk or board of election
commissioners, as the case may be, must design, obtain or
procure self-adhesive clear plastic packing list envelopes and
provisional ballot envelopes that are suitable for
implementing this subsection (b)(4) of this Section.
    (5) The election judge shall provide the person with a
provisional ballot, written instructions for casting a
provisional ballot, and the provisional ballot envelope with
the clear plastic packing list envelope affixed to it, which
contains the person's original written affidavit and, if any,
information provided by the provisional voter to support his or
her claim that he or she is a duly registered voter. An
election judge must also give the person written information
that states that any person who casts a provisional ballot
shall be able to ascertain, pursuant to guidelines established
by the State Board of Elections, whether the provisional vote
was counted in the official canvass of votes for that election
and, if the provisional vote was not counted, the reason that
the vote was not counted.
    (6) After the person has completed marking his or her
provisional ballot, he or she shall place the marked ballot
inside of the provisional ballot envelope, close and seal the
envelope, and return the envelope to an election judge, who
shall then deposit the sealed provisional ballot envelope into
a securable container separately identified and utilized for
containing sealed provisional ballot envelopes. Ballots that
are provisional because they are cast after 7:00 p.m. by court
order shall be kept separate from other provisional ballots.
Upon the closing of the polls, the securable container shall be
sealed with filament tape provided for that purpose, which
shall be wrapped around the box lengthwise and crosswise, at
least twice each way, and each of the election judges shall
sign the seal.
    (c) Instead of the affidavit form described in subsection
(b), the county clerk or board of election commissioners, as
the case may be, may design and use a multi-part affidavit form
that is imprinted upon or attached to the provisional ballot
envelope described in subsection (b). If a county clerk or
board of election commissioners elects to design and use its
own multi-part affidavit form, then the county clerk or board
of election commissioners shall establish a mechanism for
accepting any information the provisional voter has supplied to
the election judge to support his or her claim that he or she
is a duly registered voter. In all other respects, a county
clerk or board of election commissioners shall establish
procedures consistent with subsection (b).
    (d) The county clerk or board of election commissioners, as
the case may be, shall use the completed affidavit form
described in subsection (b) to update the person's voter
registration information in the State voter registration
database and voter registration database of the county clerk or
board of election commissioners, as the case may be. If a
person is later determined not to be a registered voter based
on Section 18A-15 of this Code, then the affidavit shall be
processed by the county clerk or board of election
commissioners, as the case may be, as a voter registration
application.
(Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05;
94-645, eff. 8-22-05.)
 
    (10 ILCS 5/18A-15)
    Sec. 18A-15. Validating and counting provisional ballots.
    (a) The county clerk or board of election commissioners
shall complete the validation and counting of provisional
ballots within 14 calendar days of the day of the election. The
county clerk or board of election commissioners shall have 7
calendar days from the completion of the validation and
counting of provisional ballots to conduct its final canvass.
The State Board of Elections shall complete within 31 calendar
days of the election or sooner if all the returns are received,
its final canvass of the vote for all public offices.
    (b) If a county clerk or board of election commissioners
determines that all of the following apply, then a provisional
ballot is valid and shall be counted as a vote:
        (1) The provisional voter cast the provisional ballot
    in the correct precinct based on the address provided by
    the provisional voter. The provisional voter's affidavit
    shall serve as a change of address request by that voter
    for registration purposes for the next ensuing election if
    it bears an address different from that in the records of
    the election authority;
        (2) The affidavit executed by the provisional voter
    pursuant to subsection (b)(2) of Section 18A-5 contains, at
    a minimum, the provisional voter's first and last name,
    house number and street name, and signature or mark; and
        (3) the provisional voter is a registered voter based
    on information available to the county clerk or board of
    election commissioners provided by or obtained from any of
    the following:
            i. the provisional voter;
            ii. an election judge;
            iii. the statewide voter registration database
        maintained by the State Board of Elections;
            iv. the records of the county clerk or board of
        election commissioners' database; or
            v. the records of the Secretary of State; and .
        (4) For a provisional ballot cast under item (6) of
    subsection (a) of Section 18A-5, the voter did not vote by
    absentee ballot in the election at which the provisional
    ballot was cast.
    (c) With respect to subsection (b)(3) of this Section, the
county clerk or board of election commissioners shall
investigate and record whether or not the specified information
is available from each of the 5 identified sources. If the
information is available from one or more of the identified
sources, then the county clerk or board of election
commissioners shall seek to obtain the information from each of
those sources until satisfied, with information from at least
one of those sources, that the provisional voter is registered
and entitled to vote. The county clerk or board of election
commissioners shall use any information it obtains as the basis
for determining the voter registration status of the
provisional voter. If a conflict exists among the information
available to the county clerk or board of election
commissioners as to the registration status of the provisional
voter, then the county clerk or board of election commissioners
shall make a determination based on the totality of the
circumstances. In a case where the above information equally
supports or opposes the registration status of the voter, the
county clerk or board of election commissioners shall decide in
favor of the provisional voter as being duly registered to
vote. If the statewide voter registration database maintained
by the State Board of Elections indicates that the provisional
voter is registered to vote, but the county clerk's or board of
election commissioners' voter registration database indicates
that the provisional voter is not registered to vote, then the
information found in the statewide voter registration database
shall control the matter and the provisional voter shall be
deemed to be registered to vote. If the records of the county
clerk or board of election commissioners indicates that the
provisional voter is registered to vote, but the statewide
voter registration database maintained by the State Board of
Elections indicates that the provisional voter is not
registered to vote, then the information found in the records
of the county clerk or board of election commissioners shall
control the matter and the provisional voter shall be deemed to
be registered to vote. If the provisional voter's signature on
his or her provisional ballot request varies from the signature
on an otherwise valid registration application solely because
of the substitution of initials for the first or middle name,
the election authority may not reject the provisional ballot.
    (d) In validating the registration status of a person
casting a provisional ballot, the county clerk or board of
election commissioners shall not require a provisional voter to
complete any form other than the affidavit executed by the
provisional voter under subsection (b)(2) of Section 18A-5. In
addition, the county clerk or board of election commissioners
shall not require all provisional voters or any particular
class or group of provisional voters to appear personally
before the county clerk or board of election commissioners or
as a matter of policy require provisional voters to submit
additional information to verify or otherwise support the
information already submitted by the provisional voter. The
provisional voter may, within 2 calendar days after the
election, submit additional information to the county clerk or
board of election commissioners. This information must be
received by the county clerk or board of election commissioners
within the 2-calendar-day period.
    (e) If the county clerk or board of election commissioners
determines that subsection (b)(1), (b)(2), or (b)(3) does not
apply, then the provisional ballot is not valid and may not be
counted. The provisional ballot envelope containing the ballot
cast by the provisional voter may not be opened. The county
clerk or board of election commissioners shall write on the
provisional ballot envelope the following: "Provisional ballot
determined invalid.".
    (f) If the county clerk or board of election commissioners
determines that a provisional ballot is valid under this
Section, then the provisional ballot envelope shall be opened.
The outside of each provisional ballot envelope shall also be
marked to identify the precinct and the date of the election.
    (g) Provisional ballots determined to be valid shall be
counted at the election authority's central ballot counting
location and shall not be counted in precincts. The provisional
ballots determined to be valid shall be added to the vote
totals for the precincts from which they were cast in the order
in which the ballots were opened. The validation and counting
of provisional ballots shall be subject to the provisions of
this Code that apply to pollwatchers. If the provisional
ballots are a ballot of a punch card voting system, then the
provisional ballot shall be counted in a manner consistent with
Article 24A. If the provisional ballots are a ballot of optical
scan or other type of approved electronic voting system, then
the provisional ballots shall be counted in a manner consistent
with Article 24B.
    (h) As soon as the ballots have been counted, the election
judges or election officials shall, in the presence of the
county clerk or board of election commissioners, place each of
the following items in a separate envelope or bag: (1) all
provisional ballots, voted or spoiled; (2) all provisional
ballot envelopes of provisional ballots voted or spoiled; and
(3) all executed affidavits of the provisional ballots voted or
spoiled. All provisional ballot envelopes for provisional
voters who have been determined not to be registered to vote
shall remain sealed. The county clerk or board of election
commissioners shall treat the provisional ballot envelope
containing the written affidavit as a voter registration
application for that person for the next election and process
that application. The election judges or election officials
shall then securely seal each envelope or bag, initial the
envelope or bag, and plainly mark on the outside of the
envelope or bag in ink the precinct in which the provisional
ballots were cast. The election judges or election officials
shall then place each sealed envelope or bag into a box, secure
and seal it in the same manner as described in item (6) of
subsection (b) of Section 18A-5. Each election judge or
election official shall take and subscribe an oath before the
county clerk or board of election commissioners that the
election judge or election official securely kept the ballots
and papers in the box, did not permit any person to open the
box or otherwise touch or tamper with the ballots and papers in
the box, and has no knowledge of any other person opening the
box. For purposes of this Section, the term "election official"
means the county clerk, a member of the board of election
commissioners, as the case may be, and their respective
employees.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
94-1000, eff. 7-3-06.)
 
    (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
    Sec. 19-2.1. At the consolidated primary, general primary,
consolidated, and general elections, electors entitled to vote
by absentee ballot under the provisions of Section 19-1 may
vote in person at the office of the municipal clerk, if the
elector is a resident of a municipality not having a board of
election commissioners, or at the office of the township clerk
or, in counties not under township organization, at the office
of the road district clerk if the elector is not a resident of
a municipality; provided, in each case that the municipal,
township or road district clerk, as the case may be, is
authorized to conduct in-person absentee voting pursuant to
this Section. Absentee voting in such municipal and township
clerk's offices under this Section shall be conducted from the
22nd day through the day before the election.
    Municipal and township clerks (or road district clerks) who
have regularly scheduled working hours at regularly designated
offices other than a place of residence and whose offices are
open for business during the same hours as the office of the
election authority shall conduct in-person absentee voting for
said elections. Municipal and township clerks (or road district
clerks) who have no regularly scheduled working hours but who
have regularly designated offices other than a place of
residence shall conduct in-person absentee voting for said
elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
Saturdays, but not during such hours as the office of the
election authority is closed, unless the clerk files a written
waiver with the election authority not later than July 1 of
each year stating that he or she is unable to conduct such
voting and the reasons therefor. Such clerks who conduct
in-person absentee voting may extend their hours for that
purpose to include any hours in which the election authority's
office is open. Municipal and township clerks (or road district
clerks) who have no regularly scheduled office hours and no
regularly designated offices other than a place of residence
may not conduct in-person absentee voting for said elections.
The election authority may devise alternative methods for
in-person absentee voting before said elections for those
precincts located within the territorial area of a municipality
or township (or road district) wherein the clerk of such
municipality or township (or road district) has waived or is
not entitled to conduct such voting. In addition, electors may
vote by absentee ballot under the provisions of Section 19-1 at
the office of the election authority having jurisdiction over
their residence. Unless specifically authorized by the
election authority, municipal, township, and road district
clerks shall not conduct in-person absentee voting. No less
than 45 days before the date of an election, the election
authority shall notify the municipal, township, and road
district clerks within its jurisdiction if they are to conduct
in-person absentee voting. Election authorities, however, may
conduct in-person absentee voting in one or more designated
appropriate public buildings from the fourth day before the
election through the day before the election.
    In conducting in-person absentee voting under this
Section, the respective clerks shall be required to verify the
signature of the absentee voter by comparison with the
signature on the official registration record card. The clerk
also shall reasonably ascertain the identity of such applicant,
shall verify that each such applicant is a registered voter,
and shall verify the precinct in which he or she is registered
and the proper ballots of the political subdivisions in which
the applicant resides and is entitled to vote, prior to
providing any absentee ballot to such applicant. The clerk
shall verify the applicant's registration and from the most
recent poll list provided by the county clerk, and if the
applicant is not listed on that poll list then by telephoning
the office of the county clerk.
    Absentee voting procedures in the office of the municipal,
township and road district clerks shall be subject to all of
the applicable provisions of this Article 19. Pollwatchers may
be appointed to observe in-person absentee voting procedures
and view all reasonably requested records relating to the
conduct of the election, provided the secrecy of the ballot is
not impinged, at the office of the municipal, township or road
district clerks' offices where such absentee voting is
conducted. Such pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except
each candidate, political party or organization of citizens may
appoint only one pollwatcher for each location where in-person
absentee voting is conducted. Pollwatchers must be registered
to vote in Illinois and possess valid pollwatcher credentials.
All requirements in this Article applicable to election
authorities shall apply to the respective local clerks, except
where inconsistent with this Section.
    The sealed absentee ballots in their carrier envelope shall
be delivered by the respective clerks, or by the election
authority on behalf of a clerk if the clerk and the election
authority agree, to the election authority's central ballot
counting location before the close of the polls on the day of
the general primary, consolidated primary, consolidated, or
general election.
    Not more than 23 days before the general and consolidated
elections, the county clerk shall make available to those
municipal, township and road district clerks conducting
in-person absentee voting within such county, a sufficient
number of applications, absentee ballots, envelopes, and
printed voting instruction slips for use by absentee voters in
the offices of such clerks. The respective clerks shall receipt
for all ballots received, shall return all unused or spoiled
ballots to the county clerk on the day of the election and
shall strictly account for all ballots received.
    The ballots delivered to the respective clerks shall
include absentee ballots for each precinct in the municipality,
township or road district, or shall include such separate
ballots for each political subdivision conducting an election
of officers or a referendum on that election day as will permit
any resident of the municipality, township or road district to
vote absentee in the office of the proper clerk.
    The clerks of all municipalities, townships and road
districts may distribute applications for absentee ballot for
the use of voters who wish to mail such applications to the
appropriate election authority. Any person may produce,
reproduce, distribute, or return to an election authority the
application for absentee ballot. Upon receipt, the appropriate
election authority shall accept and promptly process any
application for absentee ballot.
(Source: P.A. 96-1008, eff. 7-6-10.)
 
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
    Sec. 19-3. The application for absentee ballot shall be
substantially in the following form:
APPLICATION FOR ABSENTEE BALLOT
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by absentee
ballot.
    I hereby make application for an official ballot or ballots
to be voted by me at such election, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day.
    I understand that this application is made for an official
absentee ballot or ballots to be voted by me at the election
specified in this application and that I must submit a separate
application for an official absentee ballot or ballots to be
voted by me at any subsequent election.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
    However, if application is made for a primary election
ballot, such application shall require the applicant to
designate the name of the political party with which the
applicant is affiliated.
    Any person may produce, reproduce, distribute, or return to
an election authority the application for absentee ballot. Upon
receipt, the appropriate election authority shall accept and
promptly process any application for absentee ballot submitted
in a form substantially similar to that required by this
Section, including any substantially similar production or
reproduction generated by the applicant.
(Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;
96-553, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1008, eff.
7-6-10.)
 
    (10 ILCS 5/19A-15)
    Sec. 19A-15. Period for early voting; hours.
    (a) The period for early voting by personal appearance
begins the 15th 22nd day preceding a general primary,
consolidated primary, consolidated, or general election and
extends through the 3rd 5th day before election day.
    (b) A permanent polling place for early voting must remain
open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
Saturdays, Sundays, and holidays; except that, in addition to
the hours required by this subsection, a permanent early voting
polling place designated by an election authority under
subsection (c) of Section 19A-10 must remain open for a total
of at least 8 hours on any holiday during the early voting
period and a total of at least 14 hours on the final weekend
during the early voting period.
    (c) Notwithstanding subsections (a) and (b), an election
authority may close an early voting polling place if the
building in which the polling place is located has been closed
by the State or unit of local government in response to a
severe weather emergency. In the event of a closure, the
election authority shall conduct early voting on the 2nd day
before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
5:00 p.m. The election authority shall notify the State Board
of Elections of any closure and shall make reasonable efforts
to provide notice to the public of the extended early voting
period.
(Source: P.A. 96-637, eff. 1-1-10; 97-81, eff. 7-5-11.)
 
    (10 ILCS 5/24C-12)
    Sec. 24C-12. Procedures for Counting and Tallying of
Ballots. In an election jurisdiction where a Direct Recording
Electronic Voting System is used, the following procedures for
counting and tallying the ballots shall apply:
    Before the opening of the polls, the judges of elections
shall assemble the voting equipment and devices and turn the
equipment on. The judges shall, if necessary, take steps to
activate the voting devices and counting equipment by inserting
into the equipment and voting devices appropriate data cards
containing passwords and data codes that will select the proper
ballot formats selected for that polling place and that will
prevent inadvertent or unauthorized activation of the
poll-opening function. Before voting begins and before ballots
are entered into the voting devices, the judges of election
shall cause to be printed a record of the following: the
election's identification data, the device's unit
identification, the ballot's format identification, the
contents of each active candidate register by office and of
each active public question register showing that they contain
all zero votes, all ballot fields that can be used to invoke
special voting options, and other information needed to ensure
the readiness of the equipment and to accommodate
administrative reporting requirements. The judges must also
check to be sure that the totals are all zeros in the counting
columns and in the public counter affixed to the voting
devices.
    After the judges have determined that a person is qualified
to vote, a voting device with the proper ballot to which the
voter is entitled shall be enabled to be used by the voter. The
ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting of a
vote for any candidate or for or against any public question.
The voter shall be able to vote for any and all candidates and
public measures appearing on the ballot in any legal number and
combination and the voter shall be able to delete, change or
correct his or her selections before the ballot is cast. The
voter shall be able to select candidates whose names do not
appear upon the ballot for any office by entering
electronically as many names of candidates as the voter is
entitled to select for each office.
    Upon completing his or her selection of candidates or
public questions, the voter shall signify that voting has been
completed by activating the appropriate button, switch or
active area of the ballot screen associated with end of voting.
Upon activation, the voting system shall record an image of the
completed ballot, increment the proper ballot position
registers, and shall signify to the voter that the ballot has
been cast. Upon activation, the voting system shall also print
a permanent paper record of each ballot cast as defined in
Section 24C-2 of this Code. This permanent paper record shall
(i) be printed in a clear, readily readable format that can be
easily reviewed by the voter for completeness and accuracy and
(ii) either be self-contained within the voting device or be
deposited by the voter into a secure ballot box. No permanent
paper record shall be removed from the polling place except by
election officials as authorized by this Article. All permanent
paper records shall be preserved and secured by election
officials in the same manner as paper ballots and shall be
available as an official record for any recount, redundant
count, or verification or retabulation of the vote count
conducted with respect to any election in which the voting
system is used. The voter shall exit the voting station and the
voting system shall prevent any further attempt to vote until
it has been properly re-activated. If a voting device has been
enabled for voting but the voter leaves the polling place
without casting a ballot, 2 judges of election, one from each
of the 2 major political parties, shall spoil the ballot.
    Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate or
public question on the voting or counting equipment. Such
equipment shall be programmed so that no person may reset the
equipment for reentry of ballots unless provided the proper
code from an authorized representative of the election
authority.
    The precinct judges of election shall check the public
register to determine whether the number of ballots counted by
the voting equipment agrees with the number of voters voting as
shown by the applications for ballot. If the same do not agree,
the judges of election shall immediately contact the offices of
the election authority in charge of the election for further
instructions. If the number of ballots counted by the voting
equipment agrees with the number of voters voting as shown by
the application for ballot, the number shall be listed on the
"Statement of Ballots" form provided by the election authority.
    The totals for all candidates and propositions shall be
tabulated. One copy of an "In-Precinct Totals Report" shall be
generated by the automatic tabulating equipment for return to
the election authority. One copy of an "In-Precinct Totals
Report" shall be generated and posted in a conspicuous place
inside the polling place, provided that any authorized
pollwatcher or other official authorized to be present in the
polling place to observe the counting of ballots is present.
The judges of election shall provide, if requested, a set for
each authorized pollwatcher or other official authorized to be
present in the polling place to observe the counting of
ballots. In addition, sufficient time shall be provided by the
judges of election to the pollwatchers to allow them to copy
information from the copy which has been posted.
    Until December 31, 2015 2011, in elections at which
fractional cumulative votes are cast for candidates, the
tabulation of those fractional cumulative votes may be made by
the election authority at its central office location, and 4
copies of a "Certificate of Results" shall be printed by the
automatic tabulation equipment and shall be posted in 4
conspicuous places at the central office location where those
fractional cumulative votes have been tabulated.
    If instructed by the election authority, the judges of
election shall cause the tabulated returns to be transmitted
electronically to the offices of the election authority via
modem or other electronic medium.
    The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials and
equipment as instructed by the election authority; provided,
however, that such container must first be sealed by the
election judges with filament tape or other approved sealing
devices provided for the purpose in a manner that the ballots
cannot be removed from the container without breaking the seal
or filament tape and disturbing any signatures affixed by the
election judges to the container. The election authority shall
keep the office of the election authority, or any receiving
stations designated by the authority, open for at least 12
consecutive hours after the polls close or until the ballots
and election material and equipment from all precincts within
the jurisdiction of the election authority have been returned
to the election authority. Ballots and election materials and
equipment returned to the office of the election authority
which are not signed and sealed as required by law shall not be
accepted by the election authority until the judges returning
the ballots make and sign the necessary corrections. Upon
acceptance of the ballots and election materials and equipment
by the election authority, the judges returning the ballots
shall take a receipt signed by the election authority and
stamped with the time and date of the return. The election
judges whose duty it is to return any ballots and election
materials and equipment as provided shall, in the event the
ballots, materials or equipment cannot be found when needed, on
proper request, produce the receipt which they are to take as
above provided.
(Source: P.A. 95-699, eff. 11-9-07; 96-1549, eff. 3-10-11.)
 
    Section 99. Effective date. This Act takes effect July 1,
2012.